Renewing passport on I-797


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Hi,

I currently hold a valid I-797 until July 30, 2024, a status I have maintained for the past 2.5 years. In March 2022, I traveled to India with the appropriate visa stamping in accordance with my I-797. Upon returning to the United States, during the immigration process, my passport was stamped with an expiration date matching that of my previous passport, which expired in September 2023. However, I renewed my passport in August 2023, a month prior to its expiration. Regrettably, I did not update my immigration records by travelling outside country to reflect this change as I was unaware of the necessity to do so at the time.

Upon recent review by my organization's attorney, it has come to light that I have unintentionally overstayed in the United States beyond my I-94 expiration. It has been recommended that we proceed with filing an application known as "Nunc pro Tunc" in premium processing to rectify this oversight.

I am seeking your guidance regarding the likelihood of approval for this application. Any insight or assistance you can provide in this matter would be greatly appreciated.

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  • 3 weeks later...

Did you show your new passport when you reentered? If so, you may be able to ask CBP to correct the mistake instead of filing a nunc pro tunc case. You should definitely speak with an immigration attorney to determine the best strategy for you at this point.

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